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Patna High CourtCR. MISC./79324/2019bail rejected

Gautam Ravidas v. The State Of Bihar

2023-02-16Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79324 of 2019 Arising Out of PS. Case No.-150 Year-2018 Thana- WAJIRGANJ District- Gaya ====================================================== GAUTAM RAVIDAS, Son of Rampati Das Resident of Village - Dhandhar, P.S.- Wazirganj, District - Gaya.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Syed Asgher Najmi, Advocate For the Opposite Party/s :

Mrs.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Wazirganj P.S. Case No. 150 of 2018 registered for the offences punishable under Section 304B read with Section 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and the coaccused persons are alleged to have burnt the daughter of the informant to death.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. He has further submitted that the deceased herself committed suicide on the issue of mobile. He has also submitted that the deceased was brought to the hospital by the petitioner with the

Patna High Court CR. MISC. No.79324 of 2019(4) dt.16-02-2023 2/2 help of villagers so the petitioner has no concern with the offence alleged. The petitioner is the husband of the deceased. The petitioner has got clean antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner by submitting that the cause of death of the daughter of the informant was due to 100 per cent burnt injury. Learned counsel has further submitted that the case diary shows that the petitioner was present at the time of occurrence but he did not take any step to save the life of the deceased.

Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, I am of the view that no case for grant of anticipatory bail is made out and the same is rejected with direction to the petitioner to surrender before the Court below concerned within six weeks from the date of this order and the prayer for regular bail and the learned Court below will consider his prayer for regular bail in accordance with law without being prejudiced by this order. The application stands rejected.

(Chandra Prakash Singh, J) Gautam/- U T